U.S. District Court Judge J. P. Boulee, who is overseeing the Fulton County, Georgia, ballot case, has quashed the subpoena for FBI Agent Hugh Raymond Evans, who provided the one affidavit used to support the search warrant to seize the ballots from the 2020 election, reported Lawfare legal analyst Anna Bower.
It's a huge hit before the Friday evidentiary hearing over the raid on the elections office.
Fulton County officials believe that Evans deliberately misled the judge in the case by promoting 2020 election conspiracy theories from one of President Donald Trump's own allies to get the warrant for the ballots.
Boulee was appointed by the first Trump administration.
“In searching for evidence of a crime in Fulton County, President Trump has, in some sense, returned to the scene of his own…Now Trump is using the power of the federal government to seize the very ballots cast by voters whose will he once sought to subvert," Bower wrote in her piece, walking through the specifics of the case ahead of the hearing.
Marc Elias' Democracy Docket explained that the Justice Department has already made one mistake in revealing information about the probe when it unsealed the affidavit.
"Following the raid, the DOJ also initially told Fulton County officials that it wouldn’t oppose Evans testifying about the affidavit," the report explained. "Thomas Albus, a Missouri-based U.S. attorney overseeing the DOJ’s probe into the 2020 vote in Georgia, said in February that he couldn’t imagine Evan’s testimony 'will be an issue.'"
The DOJ then made a huge pivot three days later.